Section 306 CrPC: Tender of pardon to accomplice

What Section 306 CrPC Says

306. Tender of pardon to accomplice

(1) With a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence to which this section applies, the Chief Judicial Magistrate or a Metropolitan Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial, may tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof.

(2) This section applies to—

(a) any offence triable exclusively by the Court of Session or by the Court of a Special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952);

(b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence.

(3) Every Magistrate who tenders a pardon under sub-section (1) shall record—

(a) his reasons for so doing;

(b) whether the tender was or was not accepted by the person to whom it was made, and shall, on application made by the accused, furnish him with a copy of such record free of cost.

(4) Every person accepting a tender of pardon made under sub-section (1)—

(a) shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and in the subsequent trial, if any;

(b) shall, unless he is already on bail, be detained in custody until the termination of the trial.

(5) Where a person has accepted a tender of pardon made under sub-section (1) and has been examined under sub-section (4), the Magistrate taking cognizance of the offence shall, without making any further inquiry in the case—

(a) commit it for trial—

(i) to the Court of Session if the offence is triable exclusively by that Court or if the Magistrate taking cognizance is the Chief Judicial Magistrate;

(ii) to a Court of Special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952), if the offence is triable exclusively by that Court;

(b) in any other case, make over the case to the Chief Judicial Magistrate who shall try the case himself.

Source: Section 306, Code of Criminal Procedure, 1973

Section 306 CrPC in Simple Words

When Section 306 CrPC Applies

• Under Section 306(1) CrPC, the Chief Judicial Magistrate or a Metropolitan Magistrate, at any stage of the investigation or inquiry into, or the trial of, the offence, may tender a pardon to a person supposed to have been directly or indirectly concerned in or privy to an offence to which Section 306 CrPC applies, on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof.
• Under Section 306(1) CrPC, the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial, may tender a pardon to such person on the same condition.
• Under Section 306(2) CrPC, Section 306 CrPC applies to any offence triable exclusively by the Court of Session or by the Court of a Special Judge appointed under the Criminal Law Amendment Act, 1952, and to any offence punishable with imprisonment which may extend to seven years or with a more severe sentence.
• Under Section 306(3) CrPC, every Magistrate who tenders a pardon under Section 306(1) CrPC shall record his reasons for so doing, and whether the tender was or was not accepted by the person to whom it was made, and shall, on application made by the accused, furnish him with a copy of such record free of cost.
• Under Section 306(4) CrPC, every person accepting a tender of pardon made under Section 306(1) CrPC shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and in the subsequent trial, if any, and shall, unless he is already on bail, be detained in custody until the termination of the trial.
• Under Section 306(5) CrPC, where a person has accepted a tender of pardon and has been examined under Section 306(4) CrPC, the Magistrate taking cognizance of the offence shall, without making any further inquiry in the case, commit it for trial to the Court of Session or to a Court of Special Judge, or in any other case make over the case to the Chief Judicial Magistrate who shall try the case himself.

Time Limits Under Section 306 CrPC

• Under Section 306(4)(b) CrPC, every person accepting a tender of pardon shall, unless he is already on bail, be detained in custody until the termination of the trial.Act text: “shall, unless he is already on bail, be detained in custody until the termination of the trial”

Example of Section 306 CrPC

When Section 306 CrPC Does Not Apply

• Section 306(1) CrPC speaks of the Chief Judicial Magistrate, a Metropolitan Magistrate and the Magistrate of the first class inquiring into or trying the offence. It does not deal with the Court to which a case is committed, which Section 307 CrPC covers under the heading Power to direct tender of pardon.
• Section 306(4) CrPC speaks of a person accepting a tender of pardon. It does not deal with the trial of a person not complying with the conditions of pardon, which Section 308 CrPC covers under the heading Trial of person not complying with conditions of pardon.

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